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(영문) 서울중앙지방법원 2019.04.17 2018나69433
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).

B. At around 15:45 on February 19, 2018, the Defendant’s vehicle was in the private distance intersection where there is no signal, etc. in front of the Furher in E at permanent residence, and is going to the permanent residence from the border of the K market on the left side of the proceeding direction, and attempted to discover and avoid the Plaintiff’s vehicle that was directly in the H restaurant from the G market on the right side of the proceeding direction to the H restaurant. However, the Defendant’s vehicle shocked the I vehicle parked on the front side of the direction of the proceeding of the vehicle, and the vehicle re-erodeds the J vehicle (hereinafter “instant accident”).

C. On March 23, 2018, the Defendant paid KRW 7,150,570 at the repair cost of the Defendant’s vehicle.

The Defendant filed an application for deliberation and coordination of the instant accident with the K Deliberation Committee (hereinafter referred to as the “Deliberation Committee”).

On May 21, 2018, the Deliberation Committee decided the ratio of responsibility of the Plaintiff’s and Defendant’s vehicle to 60% and 40%, taking into account the fact that the Plaintiff’s vehicle was in a straight line on the left-hand side and Defendant’s vehicle operated to the right-hand side.

E. The Plaintiff paid KRW 4,290,340 (the Defendant’s expenditure amount of KRW 7,150,570 x 60% x less than 10 won) in accordance with the purport of the above decision, but the Plaintiff filed the instant lawsuit against the decision of the Deliberation Committee, and the Defendant consented to the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 6 (including each number in case of additional evidence) and the purport of the whole pleadings

2. The parties' assertion

A. In light of the Plaintiff’s assertion that the Defendant’s vehicle did not temporarily stop or drive slowly before entering the intersection, the Defendant’s driver’s negligence regarding the instant accident is higher than that of the Defendant’s driver, and the negligence ratio reaches 70%.

Therefore, the defendant 2.2.

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